IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision of:
9 December 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION MOTIONS FOR ADMISSION OF WITNESS STATEMENTS PURSUANT TO RULE 89 (F) AND PROTECTIVE MEASURES FOR WITNESSES B-1770 AND B-1619

__________________________________________________

The Office of the Prosecutor

Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome

The Accused

Slobodan Milosevic

Amici Curiae

Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Timothy L.H. McCormack

THIS TRIAL CHAMBER of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("the International Tribunal"),

BEING SEISED of a confidential and partly ex parte "Prosecution Motion for Trial Related Protective Measures for Witnesses B-1770 and B-1619", filed on 5 December 2003, seeking certain protective measures,¹ and a "Prosecution Motion for the Admission of Witness Statements of B-1770 and B-1619 Pursuant to Rule 89 (F)", seeking the admission of the statements of those witness under Rule 89 (F),

NOTING Rule 89 (F), which provides as follows: "A Chamber may receive the evidence of a witness orally or, where interests of justice allow, in written form",

NOTING the decision of the Appeals Chamber, which held that Rule 89 (F) allows for the admission of a written witness statement when the witness:

1. is present in court;
2. is available for cross-examination and any questioning by the judges; and
3. attests that the statement accurately reflects his or her declaration and what he or she would say if examined,²

CONSIDERING that the determination of whether the interests of justice favour the admission of a written statement under Rule 89 (F) as evidence-in-chief is made by the Trial Chamber in relation to each individual witness, in light of not only the surrounding circumstances, but also the evidence to be given by the witness,³

NOTING that the content of the statements do not go to the acts and conduct of the Accused himself and that it is in the interests of justice to admit the statements of the two witnesses under Rule 89 (F), subject to fulfilment of the criteria set out by the Appeals Chamber,

CONSIDERING that the protective measures sought in respect of the witnesses, as set out in the Motion, are reasonable and appropriate for the protection of the witness and the family of the witnesses,

CONSIDERING that the Trial Chamber is satisfied that the measures sought are consistent with the rights of the Accused,

PURSUANT TO Rules 89 (F) and 75 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS as follows:

1. The written statement of witness B-1770 dated 13 March 2002 and associated exhibits, and the written statement of witness B-1619 dated 28 June 1997 and associated exhibits, shall be admitted pursuant to Rule 89 (F) subject to the witnesses

1. appearing in court for cross-examination and any questioning by the Judges; and

2. attesting that their statements accurately reflect the evidence each witness would give if examined.

2. Witness B-1770 may testify with the use of that pseudonym and with image distortion, and B-1619 may testify with the use of that pseudonym and with image and voice distortion;

3. The name, address, whereabouts of and identifying data concerning witnesses B-1770 and B-1619 shall be sealed and not included in any of the public records of the International Tribunal;

4. To the extent that the name, address, whereabouts or other identifying data concerning witnesses B-1770 and B-1619 are contained in existing public documents of the International Tribunal, that information shall be expunged from those documents;

5. Documents of the International Tribunal identifying witnesses B-1770 and B-1619 shall not be disclosed to the public or the media;

6. The public and the media may not photograph, video-record or sketch witnesses B-1770 and B-1619 while on the premises of the International Tribunal;

7. The name of the witness or other identifying data concerning the witnesses shall not be disclosed by the Accused, his legal associates or the amici curiae to the public or media, except to the limited extent such disclosure is necessary to prepare for cross-examination of the witness.

Done in English and French, the English text being authoritative.

____________
Richard May
Presiding

Dated this ninth day of December 2003
At The Hague
The Netherlands